FieldReports

WASHINGTON — The
U.S. Court of Appeals for
the District of Columbia
Circuit ruled Jan. 30 that
the marketers of POM
Wonderful 100-percent
Pomegranate Juice and
POMx supplements deceptively advertised that
the products could treat,
prevent or reduce the risk
of heart disease, prostate
cancer and erectile dysfunction (ED).

However, the court
did not uphold the Federal Trade Commission (FTC) order requirement for
two randomized, well-controlled human
clinical trials by POM. Yet, the court did
affirm the FTC’s order requiring POM
to have at least one such study before
making disease prevention or treatment
claims and held out the possibility that
two might be warranted in other cases.

POM Wonderful filed an appeal with
the court in March 2013, challenging the
FTC’s January 2013 decision and order,
which found that the POM marketers
had made deceptive claims in 36 ads and
promotional materials for the juice and
supplements.

The FTC issued a final order requiring
POM’s future disease treatment and prevention claims to be supported by at least
two randomized, well-controlled human
clinical trials, and other health benefit
claims to be supported by competent and
reliable scientific evidence.

A three-judge panel affirmed the orderto the degree that it requires POM toget at least one randomized controlledhuman trial before claiming any causalconnection between consumption and“the treatment or prevention of any dis-ease.” But, it said, “We find inadequatejustification, however, for the Commis-sion’s blanket requirement of at least twosuch studies as a preconditionto;any disease-related claim.In all other respects, we denythe petition for review.”FTC Chairwoman EdithRamirez issued the followingstatement in response to theruling: “Today’s decision bythe D.C. Circuit is a victoryfor consumers.;It is in keepingwith established law that ad-vertisers who market productsfor serious health conditionsmust have rigorous scienceto back up those claims.;Thecourt specifically recognized that thisapplies to food and dietary supplementmarketers such as POM.;It also held thatrequiring a randomized, well-controlledhuman clinical study for future diseasebenefit claims is an appropriate remedybased on POM’s conduct.”The vote upheld a May decision byan administrative law judge at the agencywho found that the POM Wonderful andPOMx ads were deceptive when theyclaimed the products could treat, preventor reduce the risk of heart disease, pros-tate cancer and ED.

In January 2014, the FTC confirmedthat POM Wonderful supplement mar-keters had “deceptively advertised thatthe products could treat, prevent, orreduce the risk of heart disease, prostatecancer, and erectile dysfunction, andwere clinically proven to have such ben-efits.”POM said in a statement that it waspleased that the court “substantiallyreduced the requirement that the FTCtried to enforce on us to conduct multipledouble-blind, placebo-controlled studies.”

It also stressed that the company “has
always communicated with consumers in
a transparent, honest manner, delivering
valuable information about the potential
health benefits of our products.”

Court: POM Used Deception in Advertising

BY DOUG MCPHERSON

KALISPELL, MONT. — Lowell “Bud” Paxson,
the entrepreneur who helped start TV home
shopping industry, died Jan. 9 at his Montana
home. He was 79.

A lifelong radio and television entrepreneur, Paxson’s affinity for the entertainment
business started at age 14 when he starred
in “Kiddie-Go-Round,” a local radio show.
Shortly after graduating from Syracuse University, he acquired the first of many radio
stations he would eventually own.

In 1977, a radio advertiser at Paxson’sClearwater, Fla., station who couldn’t pay hisbill, offered Paxson 118 electric can openersas payment. Paxson went on the air and an-nounced he would sell a $30 can opener forPaxson left HSN in 1991 and formedPaxson Communications. Five years later,entertainment mogul Barry Diller purchasedHSN. PAX TV eventually became the flagshipfor Paxson Communications, as the companyacquired more radio, television and mediaproperties. PAX and Paxson Communicationseventually became ION Media Networks in2006. Paxson was a member of the Broad-cast & Cable Hall of Fame.

He is survived by his wife Marla; his
children Todd, Devon, Julie, and Nicole; a
daughter-in-law and six grandchildren.
Obituary: Lowell “Bud”
Paxson, 1935-2015